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Can employer issued "pay cards" be levied by a collector?

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    Can employer issued "pay cards" be levied by a collector?

    Just trying to be proactive...

    #2
    Provided it's legal in your state.

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      #3
      Originally posted by LoadedGuns View Post
      Provided it's legal in your state.
      What he said.
      All information contained in this post is for informational and amusement purposes only.
      Bankruptcy is a process, not an event.......

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        #4
        So, is it legal as long as bank accounts can legally be levied? Or is there a special law addressing pay cards?

        I'm in Iowa and I don't see anything addressing pay cards, specifically.

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          #5
          A wage order is an order to your employer to turn over a portion of your wages to some party.
          A bank order is an order to a bank to turn over funds to some party.
          Either of these may involve the money going through the court or sheriff first so you can claim an exemption, but really so that they can get a piece of the action.
          So chances are it would be covered by the first scenario, if not both! (that would be truly horrible).
          But they do need to have a judgment against you first.
          filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!

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            #6
            No judgements yet. So I guess I won't worry...

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              #7
              I believe that we may be sued soon. I'm receiving communication from Gurstel Chargo who is collecting for Equable Assent (Chase). I don't read many good things about these thugs...the debt is about $9K, in DH's name and he is the only one employed in our home. We're broke, food stamps, the whole 9 yards.

              So, in the interest of being proactive, can we protect his pay from bank levy by having it all deposited on his Elite paychekPLUS! card? I can't find any info on this stinkin' card to know how it really works.

              Our bank account is in both of our names...actually all of our accounts are joint.

              How about ING Direct? Would I be better off to put money into that account?

              We're poised to file BK13. But holding off and hoping to file a BK7 when we are eligible once again in 8/12. Not sure we'll make it that long, but with a family of 6 living on +/-$40K/yr., Well, it's already slim pickin's. And our sizable tax refunds are the only reason we're trying to stall for so long. Those are our lifeline.

              (And we claim exempt on federal. Everything comes from child tax credit, EIC and other stuff that I cannot get ahead of tax time.)

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                #8
                I was sued by them and they got a judgment for a Crap 1 CC. I would have the wage earnings be deposited in the debit card which is not a checking account. Should be safe. I would withdraw some cash to spread around. Open a paypal account
                and you can fund it via Green Dot money pak.
                Originally posted by pepperoncini View Post
                I believe that we may be sued soon. I'm receiving communication from Gurstel Chargo who is collecting for Equable Assent (Chase). I don't read many good things about these thugs...the debt is about $9K, in DH's name and he is the only one employed in our home. We're broke, food stamps, the whole 9 yards.

                So, in the interest of being proactive, can we protect his pay from bank levy by having it all deposited on his Elite paychekPLUS! card? I can't find any info on this stinkin' card to know how it really works.

                Our bank account is in both of our names...actually all of our accounts are joint.

                How about ING Direct? Would I be better off to put money into that account?

                We're poised to file BK13. But holding off and hoping to file a BK7 when we are eligible once again in 8/12. Not sure we'll make it that long, but with a family of 6 living on +/-$40K/yr., Well, it's already slim pickin's. And our sizable tax refunds are the only reason we're trying to stall for so long. Those are our lifeline.

                (And we claim exempt on federal. Everything comes from child tax credit, EIC and other stuff that I cannot get ahead of tax time.)

                Comment


                  #9
                  Hi Pepperocini!

                  I have been hounded by Gurstel as well. Last year, they got a judgment on us for $10,000. Before garnishment, they settled on payments with us. the payment had to be around the amount that they would have garnished. So for Jan. Feb. and march, we paid them $400 a month. We could no longer afford it, as we were taking money from other bills to pay them, so we stopped.

                  Fast forward to today. I still get a letter from them every month on the 25th (our due date with them) saying our payment is due, but they have taken no action since the first missed payment which was April. I have been expecting it, but nothing.

                  They are low down dirty scoundrels as far as I have been told by professionals, so proceed with caution. But my scenario may work for you if you end up in the same situation.

                  Hope this helps As far as the pay card thing, my husband's job was sending the applications for the cards but we never enrolled. He gets a paper check at work and I believe he is the only employee that does. I would steer clear of them. We cash his check and pay bills through my account where no one has any judgments on me.
                  Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

                  Comment


                    #10
                    Originally posted by jacko View Post
                    I would have the wage earnings be deposited in the debit card which is not a checking account. Should be safe.
                    But a wage garnishment is an instruction for the employer to send the funds BEFORE they ever make it to the bank, debit card, check or what ever method you use to receive payment.

                    If you're talking about a lien against a checking account, then of course changing how you receive payment would help. But I don't see how changing payment method will help avoid a WAGE GARNISHMENT.
                    Don
                    Filed Pro Se on 8/4/11 (No Asset, Chapter 7)
                    Redeemed Automobile ProSe (722 Redemption),Discharged on 11/3/11

                    Comment


                      #11
                      Ummm....wait. If you are on economic assitance, they cannot garnish you in MN. If they send you forms, fill them out and send them back and you will be exempt from garnishment becasue of the state aid you get. I am almost positive this is the way it goes here, and maybe other places as well. Hope this helps.
                      Filed Chapter 7 October 5, 2010 -341 held Nov. 8, 2010- Report of No Distribution Nov. 12th, 2010- Discharged 1-10-2011 Closed 1-28-2011

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